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Well, I am not a lawyer; but, I am an amateur photographer. I don't think that the people in these photos would be without recompense. You have a "right to publicity" and you can control how your likeness is used. So, without a model release specifying the intended use of the photo, they probably have a decent case for both a monetary reward and a Cease and Desist order.

According to the company's DeviantArt site, they have just changed their policy and will no longer be selling the body pillows - except to those cosplayers that wish to have one of themselves. I'm sure it was because of the internet backlash.

Legally, according to them, the contracts that were signed stated that they had the right to use the images as merch or whatever they saw fit. The cosplayers that signed the agreement probably didn't read it or pay attention to it or even realize what they were signing on for (though I'm damn sure it never stated the image would be used for a body pillow). While the company was legally, right, it was morally wrong... But you have to be careful and protect yourself, because there are people always waiting to take advantage.

This is not sick. Eric knows what he is doing and The release is ALWAYS explained to the MODEL. These pillows are not meant nor EVER meant to be what you are calling "sex play" pillows or my personal favorite "fap fap" pillows. I ALWAYS GIVE THEM THE CHANCE TO TAKE THEIR TIME AND READ THE RELEASE THEMSELVES. I ALSO EXPLAIN IT TO THE AND MENTION THE PILLOWS. EVERY MODEL GETS A EMAILED VERSION OF IT. HE HAS EVERY SINGLE RELEASE OF EVERY MODEL. HE IS AN ARTIST AND WANTS TO SHOW HIS CONCEPT. IF THE PERSON IS A MINOR I MAKE SURE THE PARENT SIGNS FOR IT.

THIS IS MEANT TO BE A CONVERSATION PIECE, A DECORATION AND A MEMORY OF ALL THE HARD WORK EVERY COSPLAYER PUTS INTO THEIR COSPLAY. THAT IS WHY CUSTOM PILLOWS ARE OFFERED. A MODEL RELEASE HAS ALWAYS BEEN EXPLAINED CONSIDERING I HAVE BEEN WORKING WITH HIM FOR 3 YEARS. ERIC IS A HARD WORKER AND AN AMAZING FRIEND. HE IS RESPECTFUL AND NEVER WOULD DARE TO OFFER "SEX PILLOWS." WHEN I WAS WALKING AROUND I SAW GIANT PILLOWS WITH GRAPHIC DETAILS ON IT. THOSE MAY BE CONSIDER BUT ERIC JUST WANTS TO MAKE A PERSON A MEMORY.

HE OFFERS HIS INFORMATION AND ALWAYS EMAILS THE RELEASE TO THE MODEL. ANY MODEL SAYING THAT THEY NEVER AGREED TO DO THIS IS A LIAR. MEMORY CAN FAIL US YES. BUT DO NOT PUT AN ARTIST AND HUMAN BEING ON BLAST BECAUSE YOU "CLAIM" TO FORGET THAT YOU DID THIS. CONVENTIONS CAN BE LONG AND YOU GET WORN OUT. I AM SAYING THIS IS THE FACT OF MODELS FORGETTING THAT THEY SIGN, NOT US BECAUSE I KNOW HOW IMPORTANT IT IS TO GET MODEL RELEASES OUT THERE AND EXPLAINED.

RUMORS ARE PATHETIC AND SPREAD LIKE WILDFIRE. I MODEL MYSELF AND ANYONE WITH QUESTIONS PLEASE FEEL FREE TO MESSAGE ME. I AM A LAID BACK PERSON AND UNDERSTAND WHERE CERTAIN PEOPLE CAN FORGET THEY SIGN AND SEE THEMSELVES ON A PILLOW A YEAR LATER AND FEEL UNCOMFORTABLE WITH IT. THAT HAPPENED AND WE TOOK IT DOWN RIGHT AWAY TO MAKE HER FEEL COMFORTABLE AND ALL WAS WELL. EVEN SHOWED THEM THE MODEL RELEASE WE HAD FOR HER. I ALSO STARTED ASKING MODELS HOW THEY WOULD FEEL BEING SOLD ON A PILLOW AFTER THE ONE PROBLEM. EVERY SINGLE ONE I ASKED SAID POSITIVE THINIG LIKE, "THAT WOULD BE AWESOME! I WOULD LOVE TO BE ON PILLOW!" FAMILIES ALSO DO THIS TOO. IF WE WERE TARGETING IT AS A "SEX PILLOW" WHY THE HECK WOULD WE LET FAMILIES WITH CHILDREN DO THIS?

THESE WORDS ARE NOT TYPED, SAID, WHATEVER IN A MEAN WAY. I AM AWARE THAT READING CRAP ONLINE CAN BE TAKEN A WRONG WAY. I AM A RATIONAL, NICE PERSON AND LIKE I SAID BEFORE PLEASE MESSAGE ME ON FACEBOOK IF YOU DO HAVE A QUESTION OR IF YOU DID HAVE A SHOOT THIS PAST WEEKEND.

FOR THOSE SAYING IT IS SICK AND ETC. PLEASE LEARN THE REAL STORY FIRST BEFORE YOU BELIEVE LIES. AND OTHER VENDORS SAYING HE IS NOT WANTED IS CERTAINTY VERY RUDE. NOTHING IS BEING DONE ILLEGALLY AND IT IS SAD THAT VENDORS ARE SUPPOSED TO SUPPORT EACH OTHER AND HERE YOU ARE TALKING NONSENSE.

YOU WANT THE TRUTH. ASK ME. I WORK FOR HIM. I SUPPORT HIM. I KNOW HIM EXTREMELY WELL. WHEN YOU MESSAGE ME, DO NOT BE IGNORANT AND CURSE ME OUT, SAY HES DISGUSTING BECAUSE YOU REALLY JUST MAKE YOURSELF LOOK STUPID. IF YOU HAVE LEGITIMATE QUESTIONS I WILL CERTAINLY ANSWER THEM.

BUT IF THIS WAS YOUR ARTISTIC CONCEPT THAT YOU WORKED HARD ON FOR A CONVENTION, HOW WOULD YOU FEEL?

FBtron wrote:This is not sick. Eric knows what he is doing and The release is ALWAYS explained to the MODEL. These pillows are not meant nor EVER meant to be what you are calling "sex play" pillows or my personal favorite "fap fap" pillows. I ALWAYS GIVE THEM THE CHANCE TO TAKE THEIR TIME AND READ THE RELEASE THEMSELVES. I ALSO EXPLAIN IT TO THE AND MENTION THE PILLOWS. EVERY MODEL GETS A EMAILED VERSION OF IT. HE HAS EVERY SINGLE RELEASE OF EVERY MODEL. HE IS AN ARTIST AND WANTS TO SHOW HIS CONCEPT. IF THE PERSON IS A MINOR I MAKE SURE THE PARENT SIGNS FOR IT.

THIS IS MEANT TO BE A CONVERSATION PIECE, A DECORATION AND A MEMORY OF ALL THE HARD WORK EVERY COSPLAYER PUTS INTO THEIR COSPLAY. THAT IS WHY CUSTOM PILLOWS ARE OFFERED. A MODEL RELEASE HAS ALWAYS BEEN EXPLAINED CONSIDERING I HAVE BEEN WORKING WITH HIM FOR 3 YEARS. ERIC IS A HARD WORKER AND AN AMAZING FRIEND. HE IS RESPECTFUL AND NEVER WOULD DARE TO OFFER "SEX PILLOWS." WHEN I WAS WALKING AROUND I SAW GIANT PILLOWS WITH GRAPHIC DETAILS ON IT. THOSE MAY BE CONSIDER BUT ERIC JUST WANTS TO MAKE A PERSON A MEMORY.

HE OFFERS HIS INFORMATION AND ALWAYS EMAILS THE RELEASE TO THE MODEL. ANY MODEL SAYING THAT THEY NEVER AGREED TO DO THIS IS A LIAR. MEMORY CAN FAIL US YES. BUT DO NOT PUT AN ARTIST AND HUMAN BEING ON BLAST BECAUSE YOU "CLAIM" TO FORGET THAT YOU DID THIS. CONVENTIONS CAN BE LONG AND YOU GET WORN OUT. I AM SAYING THIS IS THE FACT OF MODELS FORGETTING THAT THEY SIGN, NOT US BECAUSE I KNOW HOW IMPORTANT IT IS TO GET MODEL RELEASES OUT THERE AND EXPLAINED.

RUMORS ARE PATHETIC AND SPREAD LIKE WILDFIRE. I MODEL MYSELF AND ANYONE WITH QUESTIONS PLEASE FEEL FREE TO MESSAGE ME. I AM A LAID BACK PERSON AND UNDERSTAND WHERE CERTAIN PEOPLE CAN FORGET THEY SIGN AND SEE THEMSELVES ON A PILLOW A YEAR LATER AND FEEL UNCOMFORTABLE WITH IT. THAT HAPPENED AND WE TOOK IT DOWN RIGHT AWAY TO MAKE HER FEEL COMFORTABLE AND ALL WAS WELL. EVEN SHOWED THEM THE MODEL RELEASE WE HAD FOR HER. I ALSO STARTED ASKING MODELS HOW THEY WOULD FEEL BEING SOLD ON A PILLOW AFTER THE ONE PROBLEM. EVERY SINGLE ONE I ASKED SAID POSITIVE THINIG LIKE, "THAT WOULD BE AWESOME! I WOULD LOVE TO BE ON PILLOW!" FAMILIES ALSO DO THIS TOO. IF WE WERE TARGETING IT AS A "SEX PILLOW" WHY THE HECK WOULD WE LET FAMILIES WITH CHILDREN DO THIS?

THESE WORDS ARE NOT TYPED, SAID, WHATEVER IN A MEAN WAY. I AM AWARE THAT READING CRAP ONLINE CAN BE TAKEN A WRONG WAY. I AM A RATIONAL, NICE PERSON AND LIKE I SAID BEFORE PLEASE MESSAGE ME ON FACEBOOK IF YOU DO HAVE A QUESTION OR IF YOU DID HAVE A SHOOT THIS PAST WEEKEND.

FOR THOSE SAYING IT IS SICK AND ETC. PLEASE LEARN THE REAL STORY FIRST BEFORE YOU BELIEVE LIES. AND OTHER VENDORS SAYING HE IS NOT WANTED IS CERTAINTY VERY RUDE. NOTHING IS BEING DONE ILLEGALLY AND IT IS SAD THAT VENDORS ARE SUPPOSED TO SUPPORT EACH OTHER AND HERE YOU ARE TALKING NONSENSE.

YOU WANT THE TRUTH. ASK ME. I WORK FOR HIM. I SUPPORT HIM. I KNOW HIM EXTREMELY WELL. WHEN YOU MESSAGE ME, DO NOT BE IGNORANT AND CURSE ME OUT, SAY HES DISGUSTING BECAUSE YOU REALLY JUST MAKE YOURSELF LOOK STUPID. IF YOU HAVE LEGITIMATE QUESTIONS I WILL CERTAINLY ANSWER THEM.

BUT IF THIS WAS YOUR ARTISTIC CONCEPT THAT YOU WORKED HARD ON FOR A CONVENTION, HOW WOULD YOU FEEL?

WHAT?!?! POST LOUDER!!!! YOU KNOW, IN A BIG BOLD FONT!!!! WE MIGHT TAKE YOU AS HAVING AN EMOTIONAL EDGE AND PERHAPS EVEN A POINT!!!!

Last edited by The Old Doctor on Mon Jun 10, 2013 9:33 pm, edited 1 time in total.

"Why are you pointing your screwdrivers like that? They're scientific instruments, not water pistols.""Oh, the pointing again! They're screwdrivers! What are you going to do? Assemble a cabinet at them?""Are you capable of speaking without flapping your hands about?"""Timey" what? "Timey wimey"?"

IvCNuB4 wrote:The Old Doctor is Cat-Scratch ?Well that explains a lot :lol:

"Why are you pointing your screwdrivers like that? They're scientific instruments, not water pistols.""Oh, the pointing again! They're screwdrivers! What are you going to do? Assemble a cabinet at them?""Are you capable of speaking without flapping your hands about?"""Timey" what? "Timey wimey"?"

IvCNuB4 wrote:The Old Doctor is Cat-Scratch ?Well that explains a lot :lol:

Hey, has anyone died from an allergic reaction to the pillows? Or gotten some sort of infection or infestation? Could be a news item not yet reported on...

"Why are you pointing your screwdrivers like that? They're scientific instruments, not water pistols.""Oh, the pointing again! They're screwdrivers! What are you going to do? Assemble a cabinet at them?""Are you capable of speaking without flapping your hands about?"""Timey" what? "Timey wimey"?"

IvCNuB4 wrote:The Old Doctor is Cat-Scratch ?Well that explains a lot :lol:

FBtron wrote:This is not sick. Eric knows what he is doing and The release is ALWAYS explained to the MODEL. These pillows are not meant nor EVER meant to be what you are calling "sex play" pillows or my personal favorite "fap fap" pillows.

BUT IF THIS WAS YOUR ARTISTIC CONCEPT THAT YOU WORKED HARD ON FOR A CONVENTION, HOW WOULD YOU FEEL?

Its not necessarily "sick", his artistic vision when giving him the benefit of the doubt but ethically its quite unsound. When art is made for commercial consumption or capitalist endeavor, the purpose should be clearly stated within the contract. Its not clearly stated in Eric's release that the images will be on a pillow, keychain, basketball hoop, whatever. If he's going to sell merchandise, he should out of good will and ethical practice, openly state or inform what he'll be selling and check with those whose images he'll be using. Sounds like he did no followup due diligence with his models/subjects which is shoddy business practice in my opinion.

So just the Chinese Child Slave Labor angle huh? Maybe he makes them wear stupid hats like Todd MacFarlane does or drives them to death like Apple? No?

"Why are you pointing your screwdrivers like that? They're scientific instruments, not water pistols.""Oh, the pointing again! They're screwdrivers! What are you going to do? Assemble a cabinet at them?""Are you capable of speaking without flapping your hands about?"""Timey" what? "Timey wimey"?"

IvCNuB4 wrote:The Old Doctor is Cat-Scratch ?Well that explains a lot :lol: